338 Results
2024.03.15 Motion to Compel Responses, for Monetary Sanctions 236
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.03.15
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.03.15
Excerpt: ...never agreed to, or intended, between the Parties. On October 10, 2024, Special Interrogatories, Set Two, were served on defendant. By letter to defense counsel dated December 5, 2023, plaintiff demanded that answers (without objection) and extended the date to Decembe r 19, 2023. When defense counsel was relieved, plaintiff further extended the time to respond to the discovery to January 26, 2024. This motion was filed on February 9. 2024. To d...
2024.03.15 Motion for Reconsideration 160
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.03.15
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.03.15
Excerpt: ...� The latest cross -complaint was filed after a January 19, 2024, hearing where the Court granted leave to file the Fourth Amended Cross -Complaint. Cross - defendant argues for reconsideration of this ruling because cross -complainant had inexcusably delayed the request, that actual prejudice to the parties exists, and procedurally that facts in support of the motion were improperly included in the reply brief instead of the moving pleadings. ...
2024.03.15 Motion for Leave to File Amended Answer 573
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.03.15
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.03.15
Excerpt: ...ties LLC. v Foster in Calaveras County Superior Court Case No.20 UD13121.” (Motion for Leave to File Amended Answer, 2:10 -15.) Courts have long exercised liberality in permitting amendments to pleadings, particularly amendments to answers. Permalab - Metalab Equipment Corp. v. Maryland Cas. Co. (1972) 25 Cal.App.3rd 465, 472. Defendants' remedy is to request leave of the court to amend their answer to assert the defenses. " If either party...
2024.03.01 Motion for Summary Judgment, Adjudication 812
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.03.01
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.03.01
Excerpt: ...imary grounds fo r the motions are the unenforceability of an illegal contract, i.e., unpermitted cannabis cultivation. Defendant contends that he is entitled to summary judgment/adjudication because plaintiff cannot recover on any of the causes of action stated in the C omplaint (Breach Of Oral Contract, Breach Of Written Contract, Common Count: Goods and Services Rendered, Intentional Misrepresentation, Negligent Misrepresentation, and False Pr...
2024.02.23 Motion to Set Aside Default 995
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.02.23
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.02.23
Excerpt: ...ide a default or default judgment on such terms as may be just and to allow the defendant to defend the action on a finding that the defendant's motion to set aside the default or default judgment was made within the period permitted by CCP § 473.5(a), and that defendant 's lack of actual notice of the action in time to defend was not caused by his or her avoidance of service of summons or inexcusable neglect. An evaluation of an attorney...
2024.02.23 Motion to Compel Arbitration, to Seal Exhibits, for Attorney Fees and Preliminary Injunction 918
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.02.23
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.02.23
Excerpt: ...ame a participatin g mental health and substance abuse provider in the defendant's network. Plaintiff alleges that defendant improperly terminated the agreement and therefore plaintiff's participating provider status. Defendant has moved for an order compelling all claims to arbitration and stay court proceedings under the Federal Arbitration Act (“FAA”) and the terms of the arbitration clause of the parties' agreement. Defendant makes three ...
2024.02.16 Motion for Leave to Extend Time to Complete Discovery 357
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.02.16
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.02.16
Excerpt: ...the inclusion of the following language on all matters noticed for the Law & Motion calendar: Pursuant to Local Rule 3.3.7, the Court will make a tentative ruling on the merits of this matter by 2:00 p.m. the court day before the hearing. The complete text of the tentative ruling may be accessed on the Court's website or by calling 209 -754- 6285 and listening to the recorded tentative ruling. If you do not call all other parties and the Court by...
2024.02.13 Motion to Expunge Invalid Liens 817
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.02.13
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.02.13
Excerpt: ... argue that Lambert entitles them to the expungement of the recorded mechanic's lien for two reasons: (1) the lien is unjustiÞed because defendant was not licensed during the subject construction project; and (2) the amount of the lien, is overstated (and therefore unjustiÞed). A Lambert motion to remove a mechanic's lien is recognized as a device that allows the property owner to obtain speedy relief from an unjustiÞed lien, or a lien of an u...
2024.02.02 Motion to Deem RFAs Admitted, for Sanctions 872
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.02.02
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.02.02
Excerpt: ...o separate discovery motions brought by plainti¯. On October 11 2023 plainti¯ served second set of form interrogatories second set of special interrogatories second set of requests for admission and second set of document production requests to defendant who has not responded to these discovery requests requested an extension of time to respond or contacted plainti¯'s counsel (Initial Motion). Plainti¯'s 330-page Second Motion soug...
2024.01.19 Motion for Preliminary Injunction 059
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.01.19
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.01.19
Excerpt: ...ion and viability. Specifically, defendants claim that plaintiff has engaged in a pattern of collecting rent from various Park renters and entering into new rental agreements purporting to let spaces she is not legally entitled to lease, interfering with Park financial obligations, such as payments and payroll, and that plaintiff intends to continue taking those rent or lease payments. The motion is based on a request for judicial notice, declara...
2024.01.12 Motion to Compel Arbitration of All Claims 772
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.01.12
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.01.12
Excerpt: ...ing commerce." (9 U.S.C. S 2.) The US Supreme Court has interpreted the FDA's application broadly, stating that the FAA is a "body of substantive law enforceable in both state and federal courts." (Perry v. Thomas, (1987) 482 U.S. 483, 489 [citing Southland Corp. v. Keating (1984) 465 U.S. 1, 11—12]. Here, the arbitration agreements signed by each plaintiff expressly provide that the FAA governs their terms and that they evidence a transaction ...
2024.01.12 Demurrer, Motion to Strike 999
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.01.12
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.01.12
Excerpt: .... (Code of Civil Procedure 5430.30(a).) Objections to a complaint may be made on grounds including the court lacking subject matter jurisdiction of the cause of action alleged, and the complaint not stating facts sufficient to constitute a cause of action. (CCP. S 430.10.) "Where written documents are the foundation of an action and are attached to the complaint and incorporated therein by reference, they become a part of the complaint and may be...
2023.12.29 Motion to Bifurcate 116
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2023.12.29
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2023.12.29
Excerpt: ...that the trial of any issue or any part thereof shall precede the trial of any other issue or any part thereof in the case." Additionally, CCP S 1048(b) allows the court to order a separate trial of any cause of action, any separate issue, or any number of causes of action or issues "in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy . "As the cases explain, the objective of th...
2023.12.29 Demurrer to SAC 786
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2023.12.29
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2023.12.29
Excerpt: ...tion of a class action, a fee refund, and a declaration that an element of defendant's fee is invalid. Defendant has demurred pursuant to Code of Civil Procedure section 430.10 (e), contending the second amended complaint fails to state facts sufficient to constitute a cause of acton in that they are barred by the applicable statute of limitations outlined in Government Code section 53759 (a), and asserting that the Court has no jurisdiction over...
2023.12.22 Motion to Compel Initial Responses, Further Responses 872
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2023.12.22
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2023.12.22
Excerpt: ...ught by plaintiff. On October 11, 2023, plaintiff served second set of form interrogatories, second set of special interrogatories, second set of requests for admission, and second set of document production requests to defendant who has not responded to these discovery requests, requested an extension of time to respond, or contacted plaintiff's counsel (Initial Motion). The 330-page Second Motion seeks to compel further responses to the supplem...
2023.12.22 Motion to Compel Answers to Deposition 357
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2023.12.22
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2023.12.22
Excerpt: ...). During the deposition, the deponent made it clear that he would not answer any questions regarding the purpose of his meetings and communications with Carolyn or Francille Peters (Carolyn's daughter whom Mr. Cottrell says was authorized to speak for Carolyn) unless a court ordered him to do so. The Separate Statement filed in conjunction with this motion, sets out five questions where Mr. Cottrell was instructed not to answer the question: 1. ...
2023.12.15 Demurrer to TAC, Motion to Compel Discovery 644
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2023.12.15
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2023.12.15
Excerpt: ...he plaintiff must plead facts showing two elements: (1) the defendant has subjected an elder to statutorily defined physical abuse, neglect or financial abuse; and (2) the defendant acted with recklessness, malice, oppression, or fraud in the commission of the abuse. (Carter v. Prime Healthcare Paradise Valley LLC (2011) 198 Cal.App.4th 396, 407.) "The plaintiff must allege (and ultimately prove by clear and convinc:ing evidence) facts establishi...
2023.12.08 Motion to Strike Complaint, Demurrers 872
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2023.12.08
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2023.12.08
Excerpt: ...te motions brought by plaintiff/cross-defendant: 1. Motion to Strike Cross-complaint; 2. Demurrer to Cross-complaint; 3. Demurrer to Answer; 4. Demurrer to Cross-complaint; and 5. Demurrer to Answer. Notices of Nan-opposition have been filed on each as defendant/cross-complainant has did not file any opposition or response. The court is entitled to consider that lack of opposition to be an admission that the demurrers and motions to strike are me...
2023.12.08 Motion for Attorney Fees, to Tax Costs and Strike Reply Declarations 649
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2023.12.08
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2023.12.08
Excerpt: ...ard of attorney's fees is a mandatory form of relief regardless of whether the plaintiff is awarded any other form of relief (Arace v. Medico Investments, LLC (2020) 48 Cal. App. 5th 977.) Similarly, a trial court's award of attorney's fees is reviewed for an abuse of discretion, and the appellate court will not disturb the trial court's judgment unless it is clearly wrong (See Meridian Financial Services, Inc. v. Phan (2021) 67 Cal. App. 5th 657...
2023.12.08 Motion for Application of Franchise Toward Satisfaction of Money Judgment 798
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2023.12.08
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2023.12.08
Excerpt: ...cs was the holder of a right-to-apply for a commercial cannabis cultivation permit, a limited number of which have been issued and acknowledged by Calaveras County. (See Calaveras County Code of Ordinances, tit. 17, art. 2, Ch. 17.95.) Plaintiff argues that the right-to-apply is a government "franchise" that has substantial value and is transferable (i.e., saleable). In this matter, plaintiff sold GC Organics the subject righto-apply before the p...
2023.12.08 Demurrer to FAC 442
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2023.12.08
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2023.12.08
Excerpt: ...ach cause of action stated therein. A demurrer presents an issue of law regarding the sufficiency of the allegations set forth in the complaint. The challenge is limited to the "four corners" of the pleading (which includes exhibits attached and incorporated therein), or from matters outside the pleading which are judicially noticeable. The complaint is read as a whole. Material facts properly pleaded are assumed true, but contentions, deductions...
2023.11.17 Motion to Set Aside Order for Removal of Counsel 070
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2023.11.17
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2023.11.17
Excerpt: ...rom representation of defendant Initially, the Court notes moving party failed to include the mandatory notce language of Local Rule 3.3.7 (adopted 1/1/18) which provides: Pursuant to Local Rule 3.3.7, the Court will make a tentative ruling on the merits of this matter by 2m p.m. the court day before the hearing. The complete text of the tentative ruing may be accessed on the Court's website or by calling 209-754-5285 and listening to the recorde...
2023.10.24 Motion for Stay of Proceedings, for Preliminary Injunction 316
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2023.10.24
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2023.10.24
Excerpt: ...07.03. Plaintiff Smith seeks to enjoin WolfSmith from transferring assets or monies to defendant Wolfman. REQUEST FOR STAY Plaintiff filed a Request for Dismissal of the Fifth Cause of Action for Dissolution of Limited Liability Company, on October 12, 2023, thus rendering the Request for Mandatory stay MOOT; on that basis, the Mohon For stay is DENIED. ORDER to SHOW CAUSE and MOTION for PRELIMINARY INJUNCTION The general rule concerning pleading...
2023.10.06 Demurrer to SAC 644
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2023.10.06
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2023.10.06
Excerpt: ...aud occurred. A vague inclusion of terms contained in the second amended complaint such as: "under the false pretense that false promises," "intentional representations," and/or "The fraud of Defendants, and each of them, was and is malicious, oppressive, despicable, and justifies the recovery of punitive and exemplary damages in amounts according to proof" does not provide the requisite specificity. The effect of this general rule is twofold: (1...
2023.10.06 Demurrer to FAC 786
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2023.10.06
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2023.10.06
Excerpt: ...challenges the imposition and collection of portions of water rates charged to customers. The plaintiff seeks a certification of class action, a fee refund and a declaration that an element of the UPIJD fee is invalid. Defendant UPUD has demurred pursuant to Code of Civil Prc„cedure section 430.10 (e), alleging plaintiff fails to state facts suffcient to constitute a cause of action in that the contentions are barred by the applicable statute o...